Although leave to amend to pleadings "shall be freely given" (CPLR 3025 [b]), here the IAS Court properly declined to permit plaintiffs to increase the ad damnum clause as against defendant insurer The Aetna Casualty and Surety Company ("Aetna") because the underlying negligence theory of liability upon which plaintiffs seek to proceed against Aetna is without merit. Specifically, plaintiffs' attempt to hold insurer Aetna vicariously liable for the negligence of defendant...
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